In United States v. Marion, 404 U.S. 307 (1971), the defendants presented no evidence of actual prejudice, but claimed dismissal was required because prejudice was "inherent" in the three-year delay between the occurrence of the criminal acts and the indictment. (Marion, supra, at pp. 308, 325-326.) The United States Supreme Court found undisputed the proposition that "the Fifth Amendment would require dismissal of the indictment if it were shown at trial that the pre-indictment delay ... caused substantial prejudice to the accused's rights to a fair trial and that the delay was an intentional device to gain tactical advantage over the accused." (Id. at p. 324.) It added, however, that "we need not, and could not now, determine when and in what circumstances actual prejudice resulting from pre-accusation delays requires the dismissal of the prosecution." (Ibid.) The Supreme Court of the United States held that "it is either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge that engage the particular protections of the speedy trial provision of the Sixth Amendment." Id. at 320 . The first question we must answer in applying this rule is whether each defendant's arrest and release with an NTA was "arrest and holding to answer" for purposes of applying the speedy trial right. Id. The Court held that, "the Sixth Amendment speedy trial provision has no application until the putative defendant in some way becomes an 'accused . . . ." The Supreme Court held that the Speedy Trial Clause of the Sixth Amendment does not apply to the period before a defendant is indicted, arrested, or otherwise officially accused. The Court observed that: "On its face, the protection of the Amendment is activated only when a criminal prosecution has begun and extends only to those persons who have been 'accused' in the course of that prosecution. These provisions would seem to afford no protection to those not yet accused, nor would they seem to require the Government to discover, investigate, and accuse any person within any particular period of time. The Amendment would appear to guarantee to a criminal defendant that the Government will move with the dispatch that is appropriate to assure him an early and proper disposition of the charges against him." Id. at 313.